Legal Opinion

Powers v. Rutland Railroad

Supreme Court of Vermont

Decided December 1, 1914PublishedCited by 11 opinions

Assumpsit. Pleas, tbe general issue with notice, and two pleas of accord and satisfaction. Trial by jury at the June Term, 1910, Lamoille County, Butler, J., presiding. At the close of the evidence each party moved for a directed verdict. Verdict directed for the plaintiff for the amount of his claim, and judgment thereon. The defendant excepted. The opinion fully states the case.

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Assumpsit. Pleas, tbe general issue with notice, and two pleas of accord and satisfaction. Trial by jury at the June Term, 1910, Lamoille County, Butler, J., presiding. At the close of the evidence each party moved for a directed verdict. Verdict directed for the plaintiff for the amount of his claim, and judgment thereon. The defendant excepted. The opinion fully states the case. This case has been once before in the Supreme Court, see 83 Vt. 415. "When the case came up the second time it was argued at the October Term, 1910, and after the announcement referred to in the opinion, made at the…

1Opinion of the CourtMunson, J.

There has been a former hearing of this case, with an announcement of the views of the Judges who then sat. The briefs submitted at that hearing are before the Court as now constituted, with an additional brief from the plaintiff. This brief is framed largely as a reply to the views then expressed by the majority.

The suit is brought to recover a balance of $19,333.33, which the plaintiff claims to be due for his services as general counsel of the defendant; and this is conceded to be the sum due if the plaintiff is entitled to recover. Each party moved for a verdict at the close of the…

2Cases cited16 opinions

  1. Carney v. New York Life InsuranceNew York Court of Appeals · 1900
  2. Vardeman v. Penn Mutual Life InsuranceSupreme Court of Georgia · 1906
  3. Potts v. WallaceSupreme Court of the United States · 1892
  4. Town of Royalton v. Royalton & Woodstock Turnpike Co.Supreme Court of Vermont · 1842
  5. Lawrence v. DoleSupreme Court of Vermont · 1839

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3Cited by11 opinions

  1. General Paint Corporation v. KramerCourt of Appeals for the Tenth Circuit · 1932
  2. O'Dell v. O'DellSupreme Court of Iowa · 1947
  3. Hambleton v. U. Aja Granite Co.Supreme Court of Vermont · 1922
  4. Stoddard & Son v. Village of North TroySupreme Court of Vermont · 1930
  5. Estate of Emil Kuhling by Richard W. Kuhling v. Taylor GlazeSupreme Court of Vermont · 2018

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